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What happens to President Biden's delegates? Answers to questions about what happens next

How the Democratic Party proceeds will be both closely watched and potentially challenged in court.

Over the last 24 hours, Vice President Kamala Harris has picked up more support from fellow Democrats to become the party's nominee for president. However, how the party proceeds will be closely watched and potentially challenged in court.

"This is relatively uncharted territory," Atiba Ellis, Case Western Reserve University law professor and elections law expert, said.

It's why there are so many questions about what comes next.

Does Harris automatically get Joe Biden's delegates?

No. Unlike the Republican Party's rules, current Democratic Party guidelines allow delegates to be free to vote for whomever to be their party's nominee, regardless of the outcome.

Still, Ellis sees potential legal concerns. 

"The Democratic Party, just like the Republican Party is, in some respects, a private organization," he explained. "It can create its own rules and nominate its own candidates.

Monday night, The Associated Press reported Harris had gained the support of enough delegates to clinch the nomination if the vote were held right now. Still, Ellis sees a possible legal questions over what to do with all the primary votes for Biden.

"A party is a political organization that functions like the state," he told 3News. "So in that sense, it's a proxy for the state, and that raises issues about the constitutionality."

Can Harris take over the Biden campaign war chest?

She already did. On Sunday, filings with the Federal Elections Commission showed that the entity formerly known as "Biden for President" had been changed to "Harris for President." While the move is unprecedented, campaign finance experts believe Harris is in the clear because her name was already on the campaign account.

Just over 24 hours after President Joe Biden endorsed Harris for the nomination, her campaign raised more than $80 million.

Do Democrats have to do a virtual convention?

It's unclear, but Ellis believes the Democratic Party should certify their nominee before Ohio's previously listed ballot access deadline of Aug. 7 in order to avoid legal challenges if the party waited until the Democratic National Convention, which begins Aug. 19.

Gov. Mike DeWine signed House Bill 2 into law on June 2 to extend Ohio's deadline to Sept. 1, ensuring that Biden would be on the November ballot. However, the law doesn't technically take effect until Aug. 31, and while Republican Secretary of State Frank LaRose issued an advisory to state elections officials reiterating that the deadline is now Sept. 1 to include a nominee on the 2024 presidential ballot, his advisory is only an interpretation of the law.

Ellis thinks a court may disagree, and may enforce the current Aug. 7 deadline.

"It seems like the intent of the legislature and the governor is clear," Ellis added, "but it's a classic problem of the letter of the law versus the spirit of the law."

RELATED: Democrats plan to push ahead with virtual roll call ahead of their convention, with Harris favored

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